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It is logically impossible to prove a negative. Just because I (or anyone else) has ever seen a Bigfoot does not mean that one does not exist.

The Federal Wage and Hour Act is called the Federal Labor Standards Act, or FLSA. I have a copy of the act in PDF form at my desk which I have read. I am generally familiar with most of the FLSA regulations. I have some familiarity with the very poorly written federal DOL manual. I have the American Bar Association's book on FLSA, which I have also read. I have done a key word search on Google give what you just said, and found nothing. I have never heard of what your employer claims, and I am fairly certain that they are wrong.

File a wage claim. Then the employer can try to convince the government that this is something other then Bigfoot.

Just to be sure, assuming that you are a non-exempt employee, then the employer must track actual hours worked, pay at least minimum wage (on a workweek basis), and pay overtime if applicable (on a workweek basis). What you describe seems to violate basic FLSA provisions.

You could call up federal DOL and get a second opinion. And unlike me (and the employer), federal DOL's opinion actually means something.

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